In Brief
A dispute arose over an agreement to sell executed in 1981 for Rs. 59,200/-, with the vendor initially to execute a sale deed within four months, later extended to eight months. Before completion, the State initiated land acquisition proceedings, which the vendee successfully challenged and had quashed (1984-1985). The vendee then served notice for execution of the sale deed, which was refused. The trial court dismissed the specific performance suit as barred by limitation under Article 54. The Supreme Court upheld the High Court's decision, applying Article 113 of the Limitation Act instead, since the right to sue accrued only upon the notice and refusal. The Court decreed specific performance but modified the consideration to Rs. 15,00,000/-, payable within eight weeks, to reflect the 40-year delay and reach final settlement.
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